The appellate court does not decide whether a defendant is guilty or innocent. Rather, the question before the court of appeals is whether there are one or more legal errors that affected the verdict. If these legal mistakes are important enough, then the case is sent back to the trial court, usually for a retrial. On fewer occasions, where the law prohibits further prosecution, a case will be reversed with directions to dismiss it. If the legal mistakes only concerned a sentence, then the defendant may be entitled to resentencing.
Many issues may be raised on direct appeal. Examples of issues raised in criminal appeals are arguments that the defendant should not have been convicted because the evidence does not support the verdict, or because evidence was improperly admitted or excluded.
Criminal Appeal Attorney (313) 982-0010
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